[ga] CDT Letter on the ICANN MOU

[Rob Courtney <rob@cdt.org>]

Greetings all,

This afternoon, CDT transmitted the following letter to Asst. Sec. 
Nancy Victory and Robin Layton at the Department of Commerce. The 
letter urges Commerce to commit to adding new provisions to the ICANN 
MOU, including provisions to create meaningful limits on ICANN's 
authorities, establish accountability mechanisms, and provide 
representation. The letter also urges that the MOU's duration be 
short, not to exceed one year, and that ICANN submit bi-annual public 
reports on its progress to Commerce and the GAC.

The complete letter is reprinted below, and available at 
http://www.cdt.org/dns/icann/020819comments.shtml

Best,

Rob

* * *

August 19, 2002


Nancy J. Victory
Assistant Secretary for Communications and Information
United States Department of Commerce
1401 Constitution Ave. NW
Washington, DC 20230
  

Robin Layton
Associate Administrator, Office of International Affairs
National Telecommunications and Information Administration
1401 Constitution Ave. NW
Washington, DC 20230
  

Dear Ms. Victory and Ms. Layton:

We write to express our continuing concern with the present 
restructuring of the Internet Corporation for Assigned Names and 
Numbers (ICANN). We urge you to insert a limited set of new 
requirements into any renewal of ICANN's Memorandum of Understanding 
with the Department of Commerce calling for increased accountability 
and meaningful checks on ICANN's powers.

Through its Evolution and Reform Committee, ICANN has begun work to 
address questions about the scope of its mission and the need for 
broader participation and greater accountability. Although the reform 
package approved in Bucharest improves on previous drafts, it lacks 
adequate provisions to protect the public's interest in ICANN's 
activities and establish meaningful constraints on the ICANN Board's 
future authority. With the Department's MOU with ICANN set to expire 
on September 30, the present opportunity for leadership should not be 
missed.

The new MOU should continue the objectives present in the White 
Paper. The promotion of competition and stability are key tasks for 
ICANN, but they are equal in importance to providing representation 
and securing a functional, private, bottom-up decision process - 
obligations that ICANN has yet to fulfill. Reasonable amendments to 
the MOU will provide ICANN with incentive to undertake real and 
necessary change. Such reform will promote greater faith and 
involvement in ICANN by the Internet community, and will ultimately 
fulfill the institutional vision of the White Paper. In particular, 
changes to the MOU should require ICANN to:

    * Implement accountability mechanisms that acknowledge the 
public impact of ICANN's activities. In particular, ICANN should not 
abandon the notion of an Independent Review Panel, capable of 
scrutinizing Board and staff actions for compliance with critical 
documents such as the ICANN Bylaws. Adoption of fair administrative 
procedures and reporting would expand on ICANN's progress in 
promoting transparency. And the commitment of Board and staff to 
codes of conduct would provide extra insurance against inappropriate 
actions by ICANN at some time in the future. Such actions would 
greatly enhance the public's faith in ICANN and encourage their 
productive participation.
     * Establish concrete limits on ICANN's authority. This should 
include an explicit enumeration of ICANN's powers and a strong 
prohibition of any activities that would deny individuals and 
organizations basic due process. It should be bolstered by an 
effective system of checks and balances that will ensure the 
effectiveness of the limits over time, including an understanding 
that powers not granted are prohibited unless demonstrably supported 
by the Internet community. Such limits would re-emphasize ICANN's 
endorsement of bottom-up policy-setting and further enable public 
participation.
     * Effectively represent the public voice - particularly the 
interests of users and consumers - at ICANN's board level and 
throughout the ICANN structure. ICANN's current reform plan makes 
some progress on this issue, but difficult questions about the 
specifics of public representation - particularly regarding the 
inclusion of end-users in the ICANN policy process - need answering 
before the White Paper requirement of representation can be 
satisfied. The first MOU with ICANN included language to this effect; 
that language's reinsertion and potential expansion would establish 
the importance of this task.
     * Regular reporting of progress. ICANN should be required to 
publicly offer biannual reports on its activities and its progress on 
these critical new requirements. Such reports could be addressed to 
both the Department and the Government Advisory Council.

The incorporation of these responsibilities into the MOU will 
provide a much-needed measure of oversight to ICANN and will permit 
ICANN to focus its energies on those questions most crucial both to 
its own long-term legitimacy and the future of the global Internet 
community. Finally, in order to ensure that the Department has a full 
flexibility in its oversight, we urge that the MOU be renewed for a 
term of no longer than one year.

CDT continues to believe in the promise of the White Paper to 
establish private-sector management of these critical global 
resources. We look forward to continued work with you to make that 
promise a reality.

Sincerely,
  

Alan Davidson
Associate Director
  

Rob Courtney
Policy Analyst
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